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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. To pursue claims, you must establish that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors try to do all they can to stop birth defect lawsuits defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for birth defect a range of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes which include environmental exposures. Studies have proven that certain chemicals, like pesticides, fungicides and birth defect lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, such as DES.

If you think your child's birth defect or birth injury is the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In some states, you are given one year to file a lawsuit for medical malpractice. If you delay this could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil lawsuit. If someone misses the deadline, they lose their right to seek damages from the defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to patients during labor or birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

To prove medical malpractice, the injured party will need to show that the doctor at fault did not follow the standards of care and consideration required by a different health care provider in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations to prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and appoint experts to review their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of data and be able to make decisions based on the facts rather than their opinions. They must also be willing to testify on facts that might contradict their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. Lawyers can assist plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In certain cases, an attorney can make a claim for birth injury as part multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs and the cause was preventable, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a condition. For instance, a physician might fail to conduct an ultrasound test or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some cases, a birth defect can severely reduce a baby's life expectancy or lead to significant medical costs.

If you suspect that your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can provide you with your options and assist you make a claim prior the statute of limitation expiring. A lawyer may also be in a position to negotiate an agreement on your behalf with the parties responsible for the injuries your infant sustained.